Saswati Banerjee & Ors. v. The Kolkata Municipal Corporation & Ors.
Case at a glance
Outcome
Disposed of
inspection was held, the writ petition is disposed of
Provisions considered
- Kolkata Municipal Corporation Act, 1980 s. 400(1)
- Kolkata Municipal Corporation Act s. 400(1)
Judgment
Mr. Mukherjee, learned Advocate appearing on behalf of the Kolkata Municipal Corporation submits that the communication dated April 5, 2022 is a show- cause notice issued in terms of Section 400(1) of the Kolkata Municipal Corporation Act. Mr. Mukherjee further submits that an inspection was held on July 7, 2021 and on the basis of such inspection, the matter has been referred to the Special Officer, Building, for hearing. In view of the specific submission of Mr. Mukherjee that the communication dated April 5, 2022 is a notice to show cause, this Court does not interfere with the same. This Court is of the opinion Corporation has the authority under the law, to proceed against any unauthorized construction. The 3 authority must categorically demarcate and explain the nature and extent of unauthorized construction to the person responsible, so that the demolition may be effected or the person responsible may get an opportunity to deny the allegations by substantiating his claim as to the legality of such construction.
Operative part
Under such circumstances, when specifically submitted by the petitioner that a proper inspection was held, the writ petition is disposed of with a direction that pending hearing before the learned Special Officer, Building an authorized representative of the Corporation shall make a further inspection and thereafter the proceeding shall be reached to its logical conclusion, in accordance with law. The matter shall be decided by the concerned Special Officer, Building of the Corporation, by adopting the following procedure : a) An inspection of the premises shall be conducted by an authorized engineer. Such inspection shall be held in the presence of the petitioner and the complainant, if any, on 28th April, 2022 at 12 noon. Advance notice of the inspection shall be served upon the complainant, if any. If the complainant is not available to accept notice, the authorities shall affix the notices of hearing and 4 inspection at conspicuous places in the respective premises.
No notice of inspection shall be granted to the petitioner. b) In case, it is found on preliminary inspection that there may be reasons to believe that the construction was without permission and was continuing, the authorities may take interim measures stopping construction. c) A report of such inspection shall be prepared along with the sketch map, indicating the extent nature unauthorized construction, if any. d) Such report, if prepared, shall be handed over to the parties. e) A hearing shall be given to the petitioner and the complainant, if any by the Special Officer, Building. The parties must also be allowed to furnish their written objection/version to the report adduce documentary evidence in support of their contentions, before the said authority. All points raised by the parties shall be decided. All documents filed by the parties, if any, shall be exchanged. f) A reasoned order shall be passed and communicated.
On the basis of what 5 transpires at the hearing and during inspection, the proceedings shall be reached to its logical conclusion, in terms of the statute. The court has not gone into the merits of the claims and counter-claims of the parties and the issues involved shall be decided independently. The question of title, boundary dispute shall not be gone into. The entire exercise shall be completed within a period of two months from the date of inspection. It is made clear that the petitioners shall not make any further construction over and above the disputed portion.. With the above observations, this writ petition is disposed of. However, there will be no order as to costs. All the parties are directed to act on the basis of the learned advocate’s communication. (Shampa Sarkar, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: inspection was held, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Kolkata Municipal Corporation Act, 1980 — s. 400(1); Kolkata Municipal Corporation Act — s. 400(1).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.